As of 02.10.2023
For accessibility reasons, these Terms & Conditions were translated from German to English. However, the German T&C are those that are legally binding.
Thank you for your interest in MusicHub. MusicHub is a service of MusicHub GmbH, with registered offices in Rosenheimer Straße 11, 81667 Munich, Germany, and with its place of business in Pfuelstraße 5, 10997, Berlin, Germany. The following Specifications of Service, General and Special Terms and Conditions of Business (as of 02.10.2023) shall govern the use of our websites and our services:
MusicHub is an online platform for music creators. It enables the upload, input and storage of files and information relating to musical works and recordings, in particular audio files, metadata and artwork (hereinafter referred to as “Data”), and the application of various functions for processing, exporting or otherwise using this data (hereinafter referred to as “Tools”). In addition to the Tools, MusicHub offers its users further supporting services in the area of know-how transfer and customer support (hereinafter referred to as “Services”). The scope of MusicHub’s functions and services will continue to evolve – e.g., new Tools and/or Services will be added, but individual Tools and/or Services may also be discontinued after prior notice, the use of which is also subject to these General Terms and Conditions and any additional Special Terms and Conditions. This means, for example, that MusicHub reserves the right to change, terminate or remove content and functions of the individual tools marked as "BETA" without prior notice and/or to discontinue the operation of the individual tools. In addition, the availability of the functions may be individually limited, for example through quotas, so that you have no claim to the use of the contents and functions of the respective tools marked as BETA. You expressly acknowledge and agree that the use of BETA versions is at your own risk and that you bear the entire risk with regard to satisfactory quality, performance, accuracy and effort. The current scope of functions and services of MusicHub’s Tools and Services is hereinafter also referred to collectively as the “Offer”.
Registering and creating a free account with MusicHub allows music creators to access parts of our Offering as a demo version of our website. For the use of most Tools and Services, however, a subscription is additionally required. For some Tools and Services, it may also be necessary to purchase an add-on. For details, please refer to the descriptions of the currently available Tools and Services as well as our General and Special Terms and Conditions.
Within the Library, MusicHub allows you to upload, enter, and save data. The Library is available in the demo version as soon as you register with MusicHub.
Furthermore, it allows you to share your song with others before and after publication via an individual link that you activate. You can deactivate this link at any time directly on the tracks page. The link may only be shared with friends or family in order to receive feedback. If you want to make the link accessible to a larger number of people, you require the necessary rights.
As a GEMA member, MusicHub allows you to send work data to GEMA as part of the Work Declaration Tool. The use of the Work Declaration requires a GEMA membership.
As a GEMA member, MusicHub allows you to send soundfiles to GEMA within the framework of the Soundfile Upload Tool. The Soundfile Upload requires a GEMA membership.
As part of the Release Tool, MusicHub allows you to compile Sound Recordings together with metadata and artwork (collectively, “Recordings”) into a digital release and send it to a Distributor for distribution to selected Digital Service Providers (“DSPs”). The use of the Release Tool for distribution via a distribution partner requires a subscription.
If you choose to release your music through a distribution partner affiliated distributor, separate terms and conditions apply. If you choose to distribute your music via the distribution partner ZEBRALUTION GmbH (“ZEBRALUTION”), the “Special Terms and Conditions Release for Distribution via ZEBRALUTION” apply. If you choose to release your music through the distribution partner ZEBRALUTION to Beatport LLC (“Beatport”), the “Special Terms and Conditions Release for Distribution via ZEBRALUTION to Beatport” apply.
The Stats Tool allows you to view and analyse data about the use and distribution of your Recordings, currently in the form of daily trend data of the DSPs that have been selected in the Release Tool for distribution via a distribution partner. The use of the Stats Tool requires a subscription.
Within the Balance Dashboard, MusicHub allows you to view the royalties earned from the distribution of your Recordings via one of our distribution partners, as well as request payments to your bank account. The Balance Dashboard is available in the demo version as soon as you register with MusicHub.
The Help Centre provides you with articles, instructions and tips on all MusicHub-related topics. The Help Centre is available in the demo version as soon as you register with MusicHub.
Our Customer Support will assist you via chat with any questions you may have about our Offer and its use. Your entitlement to Customer Support requires a subscription.
In regular Webinars, we not only explain how to best use MusicHub’s Offer, but also highlight a variety of topics that are important to music creators. Participation in these Webinars requires a subscription.
In order to improve and constantly develop our Offering, we ask our users about their wishes and priorities via surveys, interviews and focus groups and take these into account when developing our future Tools and functionalities. In this way, we give you the chance to help shape MusicHub. Participation in User Research among users requires a subscription.
The Smart-Link Tool is a Tool that helps you promote your music. The Smart-Link generates all links to your release after it has passed the quality check, so that you can share it with your fans and promote your music. The use of the Smart-Link Tool requires a subscription.
The MusicHub Academy contains a range of e-learning videos tailored to the needs of the MusicHub Community. There you will find information on the topics of music promotion, music marketing, release strategies and much more. Access to the MusicHub Academy requires a subscription.
As part of the MusicHub Promo Partners Service, MusicHub offers you various discounts and special offers for promotional services from participating partner companies ("Promo Partners"). The use of the MusicHub Promo Partners Service requires a subscription. If you use the services of a Promo Partner within the framework of this Service, the general terms and conditions of the respective Promo Partner apply. MusicHub is not involved in the contractual relationship between the Promo Partner and you and is therefore not liable for faulty or omitted services, and other damages caused by it.
The Bio Page is a Tool that helps you promote your music. The Bio Page is a customisable mini website where you can add your artist bio and photo, links to your music, social media, contact information and more. The Bio Page is available to you as soon as you register with MusicHub. If you use content for which rights of use must be obtained for publication on the Internet (such as images and texts), you warrant that you have all the necessary rights. In addition, you grant MusicHub these rights of use, in particular the right to store the relevant content and make it publicly available, for use on your Bio Page.
As part of the MusicHub Radio Pitching Service, MusicHub will submit songs selected by you with the information provided by you via a promotion partner to broadcasters and their service providers in Germany, Austria and Switzerland for promotion purposes. In order to use this Service, a corresponding add-on must be purchased. You can only have one of your songs sent to promotion partners per purchased add-on. However, you have the option of purchasing several add-ons for different songs.
By booking an add-on you transfer to MusicHub the rights of use to the song selected by you which are necessary for the provision of the Service, in particular the right to transmit, upload and temporarily store the song to the promotion partner and to reproduce it for this purpose. You also grant MusicHub the right to transfer these rights of use to the promotion partner for the purpose of transferring them to the broadcasters and their service providers. The decision as to whether the songs selected by you are used lies solely with the broadcasters. MusicHub therefore does not guarantee that the broadcasters will actually use the songs selected by you as a result of booking this Service. We would like to point out that the broadcasters themselves are responsible for the licensing and corresponding remuneration of their music use.
a. The General Terms and Conditions apply to all uses of the Offer provided on our websites www.music-hub.com and www.joinmusichub.de.
b. Certain Tools and Services of MusicHub are subject to additional, separate Special Terms and Conditions. In order to use such Tools and Services, you must accept these Special Terms and Conditions. All provisions of these General Terms and Conditions also apply to these Tools and Services, unless otherwise specified in the Special Terms and Conditions.
a. Requirements for registration and account setup:
b. Registration process / account setup:
a. The use of certain Tools and Services requires a GEMA membership, as they transfer data to GEMA for further use.
b. Should you become a GEMA member, you can notify our support at any time at the email address support@music-hub.com, and we will convert your account so that you can use the GEMA-related Tools.
a. The use of certain Tools and Services is only possible within the framework of a subscription.
b. The offered subscriptions, the Tools and Services contained therein, and the respective costs are published at https://www.music-hub.com/en/offer.
c. All price quotes on our website are gross prices including the statutory VAT and other price components; if the registered office is in another EU country and the VAT ID number or tax domicile is outside the EU, different prices may apply.
d. The conclusion of a subscription takes place in your account area. There you can select the appropriate subscription via the button “subscribe now”. After entering your personal data, selecting the payment method and entering the payment details, you complete the process by clicking the “Complete subscription now” button. Your registration will be confirmed immediately by email.
e. The terms of payment according to section B. VII. of these General Terms and Conditions apply.
a. Your subscription runs for the duration of the term you have chosen (monthly subscription, annual subscription) and is automatically renewed for the respective subscription period, i.e. monthly subscription for another month, an annual subscription for another year, etc., until you cancel it in accordance with the following subsections.
b. If you no longer wish to use the Tools and Services, you can cancel your subscription at any time by clicking on "Cancel subscription" in the account area under "Subscription".
c. The cancellation of a subscription does not lead to the termination of your account at MusicHub. If you have released your music through a distributor affiliated as a distribution partner, the corresponding separate terms and conditions will continue to apply, i.e., in the case of distribution through the distribution partner ZEBRALUTION the “Special Terms and Conditions Release for Distribution via ZEBRALUTION” apply.
d. If you are a consumer (i.e., a natural person who uses our Offer for a purpose that cannot be attributed to your commercial or self-employed professional activity), you also have the right of withdrawal as described in G. in accordance with the statutory provisions.
a. The use of certain Tools and/or Services requires the purchase of an add-on. Depending on the conditions of the Tool or Service, the booking of the Add-on is possible in addition to the subscription or independently of the conclusion of a subscription. Certain add-ons are not available for all subscriptions.
b. The conclusion of the purchase of an add-on takes place in your account area. There you can select the corresponding add-on under "Add-ons" by clicking the "Add" button. After entering your personal data, selecting the payment method and entering the payment details, you will be redirected to our payment provider by clicking on the "Proceed to checkout" button to complete your purchase. The completion of the respective add-on will then be confirmed to you by e-mail.
c. The term of the add-on depends on the respective Tool or Service that you book. The respective term is specified in the terms of the respective Tool or Service. If the booked add-on has an unlimited term, you can cancel it at any time with a notice period of 3 working days to the end of the current month. The notice of termination must be sent to the e-mail address support@music-hub.com. The timely receipt of the notice of termination is decisive for compliance with the notice period.
d. If you are a consumer (i.e., a natural person who uses our Offer for a purpose that cannot be attributed to your commercial or self-employed professional activity), you also have the right of withdrawal as described in G. in accordance with the statutory provisions.
a. Insofar as a subscription or add-on must be concluded for the use of certain Tools or Services, the resulting costs (Fees) are published on our price list. We reserve the right to adjust the Fees for the subscriptions in the future, in particular due to internal cost increases or expanded functions and Services; you will receive a corresponding notice at least 30 days in advance, and you have the right to cancel your subscription within 30 days of receipt of the notice. If you do not object to the change in the Fees within 30 days of receipt of the notice, the new contributions will also apply to you. The receipt of the objection is decisive for the calculation of the period. We will point out this legal consequence to you separately in the notice of the changed Fees. If you object to the change of the Fees in due time, we point out that we are entitled to terminate your account and/or your existing subscriptions with us.
b. The subscription Fees are due at the beginning of each subscription or add-on period. You are responsible for depositing a valid means of payment with sufficient funds in your account. If we are still unable to collect the Fees, we may, at our discretion, block your access to the Tools and Services included in the purchased subscription, or maintain access and send you a reminder to your registered email address. If we are repeatedly unable to collect the Fees, we may block your account and, after a further reminder, terminate it extraordinarily, with the consequences described in section B. X. c. of the General Terms and Conditions. We may offset any outstanding Fees against any claims you may have against MusicHub.
c. We offer payments by credit card and PayPal as payment methods and, for the subscription, also the SEPA direct debit procedure. We use the payment provider Stripe, Inc. (hereinafter: "Stripe") to process payments, so that payments are processed via Stripe subject to the Stripe terms of use, which can be viewed at https://stripe.com/en-gb-de/legal/ssa. We accept all credit card providers that are supported by Stripe. For the payment, you enter your payment data as described under B. IV. d. With the conclusion of the respective subscription, you finally trigger the payment process according to the selected payment method. You will receive an invoice for your purchase in digital form, which will be sent to you by Stripe. Any credit card fees will be borne by MusicHub, any transaction fees for payment by bank transfer (e.g., due to different currencies or locally different accounts) will be borne by you.
d. You are not entitled to offset against our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same contract. Likewise, you may only exercise a right of retention if your counterclaim arises from the same contract.
a. The use of MusicHub in a way that violates applicable laws or the rights of third parties and/or constitutes fraudulent or dishonest activity, is not permitted and regarded as a violation of MusicHub’s Terms and Conditions ("non-permitted use”). In particular, it is not permitted to,
b. The use of MusicHub is subject to our Community Guidelines that may be modified or amended from time to time, updated version of which can be found at https://intercom.help/music-hub/en/articles/6092131-the-musichub-community-guidelines. This includes rules that prohibit abuse, insults, harassment, threats and any form of hate speech towards our employees and service providers as well as towards other MusicHub users.
c. You should be noted that the non-permitted uses are prohibited from being conducted by you and/or as a result of actions taken by any third party, including, but not limited to, marketing and/or public relations agent(s), music distributor(s), record company or any individual and/or entity acting on behalf of a user or in a way through which the user may benefit. Users of MusicHub may be liable to such third-party violations. Accordingly, you are encouraged to inspect the operation of any individuals or companies, the marketing and/or promotion of which are hired, employed, authorized or otherwise encouraged by you in relation to your music.
d. If MusicHub, at its sole good faith discretion, has reasonable grounds to suspect that non-permitted use or non-permitted uses have been conducted by you or any third party and through which you have generated and/or may generate revenues from sales and/or streams and/or any other benefit(s), we reserve the right to (1) block, suspend, or to terminate your account extraordinarily and/or remove any or all of the content from our platform and/or the DSPs, with the consequences described in section B. X. c. of the General Terms and Conditions; (2) withhold the transfer of any payment or income to your account; (3) block access to the withdrawal of funds from your account until the inspection of the suspect and any additional and/or related proceedings have been resolved to our satisfaction; (4) forfeit any and all funds from your account in the event our inspection will lead to the conclusion of the occurrence of non-permitted use(s).
You warrant and represent that you are the owner of all rights in the uploaded or entered Data that is required for use in MusicHub, or that you have obtained the corresponding permission from all other authorised parties. Rights which have been transferred to GEMA or another collecting society for fiduciary administration shall not be covered by this warranty. All rights in and to all Data shall remain reserved to you or the rightsholders, and you shall remain the exclusive owner of all corresponding copyrights, neighbouring rights and other rights. You do, however, permit MusicHub the use of the Data to the degree required to provide the respective services. Rights for the commercial exploitation of the Data shall, in deviation from the previous sentence, only be granted to MusicHub if you use a corresponding Tool, and only to the extent described in the Special Terms and Conditions applicable thereto.
a. Your MusicHub account will continue to exist independently of your subscription until it is terminated by either party with 3 months’ notice to the end of the month. To cancel, please send an email to support@music-hub.com.
b. If you release your music via a distributor affiliated as a distribution partner, MusicHub will take down your Recordings via the distributor as soon as your account is terminated, as revenue sharing and billing via MusicHub is no longer possible after the expiration of the notice period. You have the possibility to view the royalties received by MusicHub between the receipt and the effective date of the cancellation in the Balance Dashboard until the expiration of the cancellation period and to have them paid out to you. When the termination becomes effective, you waive your right to claim revenue sharing for all billing amounts made available in the Balance Dashboard but not requested for payment.
c. The right of extraordinary termination for cause shall be reserved to you and MusicHub. MusicHub may terminate your account without notice, in particular in the case of an infringement of your obligations arising from the provisions of sections B. II. to IX. of these General Terms and Conditions as well as the warranties arising from the Special Terms and Conditions, as well as block and delete your access. In this case, MusicHub will contact you via your stored e-mail address in order to pay any outstanding revenue share to you.
a. MusicHub does not warrant that the Tools and Services will be available at all times free of errors of any kind and, therefore, temporary failures or interruptions may not occur.
b. MusicHub also does not warrant that there will be uninterrupted availability of the Tools and Services. In particular, MusicHub reserves the right to interrupt or restrict access and availability for maintenance purposes or to disable affected Tools or Services in order to ensure the security of the use of MusicHub. Such restrictions of availability do not constitute grounds for any claims against MusicHub. There is no claim to constant availability of the Tools and Services.
MusicHub is liable for damage caused by slight negligence only in cases of breach of material contractual obligations to the amount of the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of a contract possible in the first place and on whose compliance the contracting parties may regularly rely. Beyond that, MusicHub shall be liable to you without limitation in the event of intent and negligence, culpably caused damage resulting from injury to life, limb or health, in the event of a contractually assumed guarantee or fraudulently concealed defects. In other respects, liability is excluded unless a strictly mandatory statutory liability regardless of negligence or fault takes action or MusicHub is liable due to a guarantee regardless of negligence or fault.
In the event of a culpable breach of your obligations arising from these General Terms and Conditions, in particular sections B. II. to IX., as well as the obligations arising from the Special Terms and Conditions, in particular the warranties contained therein, you are obliged to compensate MusicHub for the resulting damage. Beyond that, you are obligated to indemnify MusicHub, upon first request, against all third-party claims resulting thereof, including reasonable court fees and legal fees.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes between the parties is Berlin.
The respective current Specifications of Services, as well as General and Special Terms and Conditions, contain all arrangements between the parties; any collateral agreements shall require MusicHub's written confirmation in order to be valid. In the event that individual provisions of the Specifications of Service or General and Special Terms and Conditions are invalid, this shall not affect the validity of the remaining provisions; in such cases, the parties shall be obligated to agree upon a valid provision that comes as close as possible to the invalid provision.
In the event of changes in the law, changes in MusicHub's legal circumstances, changes in case law, changes in the scope of rights management due to extended service tools, technical changes and extensions of functionalities, MusicHub reserves the right to amend the General Terms and Conditions as well as the Special Terms and Conditions for the various tools and services (individually and collectively referred to as "Terms and Conditions"). MusicHub will inform you of any changes to the Terms and Conditions by notifying you of the amended provisions. You have the right to terminate your account within 14 days of receiving such notice. If you do not make use of your right of termination or do not object to the change of the Terms and Conditions within 14 days after receipt of the notice of the amended Terms and Conditions vis-à-vis MusicHub, your consent to the amended Terms and Conditions shall be deemed granted. The date of receipt of the objection shall be decisive for the calculation of the deadline. In the event that you fail to object or terminate the contract in due time or at all, the Terms and Conditions in their amended version shall become an integral part of the contract. MusicHub shall make separate reference to this legal consequence when notifying you of the amended Terms and Conditions.
If you have queries regarding the Terms and Conditions, please write an e-mail to legal@music-hub.com. Please understand that, due to the Rechtsberatungsgesetz [German Act on Legal Advice], we are not allowed to provide any general legal advice and that we are only available to answer queries regarding the Terms and Conditions sent to this address.
As part of the Release Tool, MusicHub allows you to send sound recordings (sound recordings provided via the Release Tool, together with metadata and artwork, hereinafter referred to as “Recordings”) to a distributor for distribution to selected Digital Service Providers (“DSPS”). Please note that the distribution of your Recordings to the DSPs is not done by MusicHub but by the distributor and that the use of the Release Tool for distribution via a distribution partner requires a subscription. In addition to the General Terms and Conditions, the following Special Terms and Conditions apply to your Recordings for distribution via the distribution partner ZEBRALUTION – conditional on your use of the Release Tool for distribution of your Recordings by ZEBRALUTION.
a. MusicHub cannot guarantee that the selected DSPs will include your Recordings in their services, as this decision is reserved to the latter in the relevant licensing agreements between ZEBRALUTION as MusicHub's distribution partner and the DSPs. MusicHub’s distribution partner ZEBRALUTION further reserves the right not to distribute Recordings to DSPs if, in the view of ZEBRALUTION, such distribution is likely to breach provisions of the contracts with the respective DSP or to damage the relationship between ZEBRALUTION and the DSP.
b. A rejection of a release is made by the DSPs in particular if this release already exists in their offer, as otherwise the overview for the end-user is impaired and there is a risk of conflicts between the different suppliers. If you thus want to distribute your Recordings via MusicHub’s distribution partner ZEBRALUTION and they have already been released once before, you must ensure that you have a take-down notice for the respective release via the previous distributor or the label which released the Recordings previously.
c. In the event that your Recordings are rejected for the aforementioned reasons, MusicHub shall endeavour to communicate the respective justifications and possible solution approaches to you.
a. MusicHub is a platform for music creators and therefore the distribution option is also reserved for music Recordings created by the member themselves.
b. Public domain recordings are recordings for which the exclusive rights have expired. Major DSPs do not allow the delivery of public domain recordings by licensors who are not originally involved in the production, as they only want to make one official version of such recordings available. The distribution of so-called “public domain recordings” is therefore not permitted via MusicHub if you were not the owner of the exclusive rights before their expiry.
c. The distribution of Recordings that do not consist exclusively of music may be rejected by ZEBRALUTION; this applies in particular to audiobooks, radio dramas as well as recordings with noise. While such content may be accepted by some DSPs, they are usually subject to special data formats and delivery rules that cannot be accommodated by MusicHub. The decision about the distribution of such Recordings is therefore left to the decision of ZEBRALUTION in each individual case.
a. In order to enable ZEBRALUTION, as MusicHub's distribution partner, to distribute your Recordings to the DSPs, you grant MusicHub a non-exclusive, worldwide license to digitally exploit your Recordings, which is limited in time to the duration of your subscription to MusicHub and is transferable to ZEBRALUTION and through ZEBRALUTION to the DSPs. MusicHub accepts this grant of rights. The grant of rights shall, in particular, include the right to reproduce, distribute, making available to the public and broadcast the recordings, including the statutory right to claim and collect royalties for these uses, provided that they have not been exclusively assigned to a collective management organisation, but exclusively as a so-called transitory right, which only DSPs and their service providers and end consumers are entitled to exercise, but not MusicHub or ZEBRALUTION itself. The aforementioned grant of rights includes, in particular, the use of the Recordings in the course of streaming, download, social media and other digital services subject to the use of a variety of business models such as purchase, subscription, or usages financed by advertising or by other means. A description of the respective offer of the DSPs which further specifies the permitted uses can be accessed in MusicHub at https://intercom.help/music-hub/en.
b. Provided that you did not grant permission in MusicHub for a world-wide distribution, but for the distribution to take place in a limited territory, the grant of rights to the distribution partner ZEBRALUTION and by them to the DSPs shall only be made for the respective countries.
c. DSPs or their service providers may reformat or shorten your Recordings, e.g. by encoding into another audio format or making available of audio samples, in the case of YouTube Music by creating a so-called “Art Track” video where a still image of the cover artwork is added to your recording, but only insofar as it does not constitute an “edit” (“Bearbeitung” as defined in the German Copyright Act).
d. Something else applies in cases where the business model of the DSP requires editing e.g., because the Recordings are intended for synchronisation (combination) with User Generated Content such as videos. Such uses are further detailed in the description of the offer of the DSPs under https://intercom.help/music-hub/en and you have the opportunity to exclude such offers from distribution. If you decide to provide your Recordings for Distribution by the distribution partner ZEBRALUTION to DSPs with such business models, you also grant MusicHub the respective editing right as a transitory right for further transfer to ZEBRALUTION and subsequent exploitation by the DSPs and their users.
e. The DSPs have the right to advertise the Recordings with the name, logo, biography and discography of the artist as well as the title, cover, artwork and video of the Recording in all media without creating the impression of a personal endorsement of the artist and you grant MusicHub the relevant rights in a retransferable manner to the distribution partner ZEBRALUTION and through ZEBRALUTION to the DSPs.
f. MusicHub shall also have the right to advertise Recordings as described above in C. III. e., unless you inform us at support@music-hub.com that you do not want this to happen.
g. You grant MusicHub the right to make editorial adjustments to the metadata if requested by the streaming services.
a. You may take your Recordings down at any time without notice of any reason through the distributor by sending an email to support@music-hub.com, in which case, a so-called “Takedown Notice” will be sent by MusicHub to the distribution partner ZEBRALUTION to all DSPs selected by you with the request to remove the respective Recordings from the service.
b. If your subscription ends, your entitlement to MusicHub's distribution services also ends, i.e. sending your Recordings via the distribution partner to the DSPs selected for Distribution. If your subscription ends, your Recordings will be taken down by the distributor and will no longer be available on the DSPs.
c. Furthermore, MusicHub is entitled to take your Recordings down via the distributor, with or without termination of your account, if you violate the General Terms and Conditions, especially sections B. II. to IX., or these “Special Terms and Conditions Release for Distribution via ZEBRALUTION”, especially section C. VI. This means, MusicHub can take your Recordings down in particular, if the distribution partner ZEBRALUTION or one of the DSPs selected by you reject them, or if rights of third parties are asserted, or if the Recordings may violate legal regulations.
a. You will receive a “Royalty” calculated as a percentage of the Net Distribution Income (defined as gross royalty income less VAT) of the distribution partner ZEBRALUTION from the exploitation of your Recordings by ZEBRALUTION in the amount of ninety per cent (90%).
b. Royalties allocated to your Recordings will be reported to you by MusicHub via the “Balance Dashboard” in MusicHub, promptly after the receipt of the DSPs’ reports and after processing by the distribution partner ZEBRALUTION. The full amount of reported Royalties that have not been paid out yet will also be shown in the dashboard. You can request a partial or full payout at any time in the MusicHub Dashboard. The minimum amount for a payout is €5.00 (five euros); your right to a payout of the remaining amount upon termination of your subscription remains unaffected by this requirement. A further precondition for a payment of the amounts is that there are no rights on our part to withhold this amount, for example due to outstanding subscription fees or other claims of MusicHub against you.
c. To ensure that the credit note is correct from a tax perspective, you are responsible to keep your master data in MusicHub up-to-date at all times, in particular regarding your residence, tax number, small business status and withholding tax exemption. In the event that you are not subject to unlimited tax liability in Germany, MusicHub is entitled to retain and pay withholding tax on your income, except in cases where you provide us with a valid exemption from the German Federal Central Tax Office (in German, “Bundeszentralamt für Steuern”).
d. The payment of the requested amount shall take place within 7 days, free of charge, to your SEPA account. For international bank transfers outside the Euro zone and for the use of other payment methods such as PayPal which are planned for a later date, we reserve the right to charge fees which will be shown to you when you select the respective payment method.
a. You know best who has contributed to your recordings and whether the rights in your recordings have already been assigned before. MusicHub, the distributor and the DSPs must be able to rely on you in this respect.
b. You therefore warrant and represent to MusicHub that
This means in particular that
c. Rights which have been assigned to GEMA for fiduciary management shall not be covered by this warranty.
d. The indemnification clause in section B. XI. of the General Terms and Conditions of MusicHub shall also apply for the aforementioned warranties.
a. The DSPs are generally responsible for licensing the copyrights to the works underlying your Recordings from the appropriate collecting society or music publisher.
b. If you are also involved as a composer, lyricist or in any other capacity in the works underlying your Recordings, a separate report of the amounts paid by the DSPs for the use of the works will be made directly through your collecting society or music publisher - this report is not subject to your legal relationship with MusicHub.
c. In case you wish to make Recordings of other people's works available for download in the U.S., you must obtain the necessary license for "Digital Phonorecord Deliveries" (downloads) in accordance with the industry practice and legal situation in the U.S. and pay the corresponding "Mechanical Royalties" (copyright fees) to the rights holders.
d. Should the copyrights to the works underlying your Recordings not be held by a collecting society or music publisher, you indemnify MusicHub, ZEBRALUTION and the DSPs from any claims by third parties.
In the context of the Lyrics Tool, MusicHub allows you to send song lyrics (the song lyrics provided via the Lyrics Tool together with metadata and including any annotations hereinafter referred to as "Lyrics") to so-called "Lyrics Partners"; the Lyrics Partners may be operators of websites, apps, search engines or other digital media offerings that publish song lyrics, or DSPs as defined in the Specifications of Services of the Release Tool, or also so-called song lyrics aggregators that supply the aforementioned companies with verified and licensed song lyrics. For the distribution of song lyrics - conditional on your use of the Lyrics-Tool - the following Special Terms and Conditions apply in addition to the General Terms and Conditions.
a. MusicHub cannot guarantee that the Lyrics Partners will include your Lyrics in their services. MusicHub also cannot guarantee that the Lyrics Partners will remove from their services lyrics provided by third parties (such as fans as so-called "User Generated Content") that do not match your Lyrics. However, MusicHub will use reasonable efforts to make the official Lyrics provided by you available in the most important and relevant places with the help of Lyrics partners. You can find out which Lyrics partners we supply in the Help Center under FAQs.
b. The focus of our Lyrics Tool is the distribution of your song lyrics to enable fans on many different platforms to engage with your song lyrics. Wherever revenue is generated from the publication of your Lyrics, we will seek an appropriate royalty share of such revenue. However, we cannot guarantee monetization by Lyrics Partners and distribution of royalties to MusicHub for all conceivable uses.
a. You grant MusicHub a non-exclusive, worldwide license, limited in time to the duration of your subscription to MusicHub and transferable to the Lyrics Partners, to exploit the graphic rights to the Lyrics. MusicHub accepts this grant of rights. The granting of rights includes, in particular, the right to reproduce, distribute, make publicly available and broadcast the Lyrics, including the statutory participation claims arising from these rights, unless these have been exclusively assigned to a collecting society, but exclusively as a so-called transitory right, which only Lyrics Partners and their service providers and end customers are entitled to exercise, but not MusicHub itself. The aforementioned grant of rights also includes, in particular, the use of the Lyrics within the scope of streaming, download, social media and other digital services, including the synchronization with sound and video recordings, and the connection with the name, logo, biography and discography of the performers as well as the title, cover, artwork and video of recordings of the underlying work, using a wide variety of business models such as purchase, subscription, usages financed by advertising or by other means.
b. You also allow the Lyrics Partners to translate the Lyrics into languages other than the original language. Such conversions may only reproduce the meaning of the original lyrics word for word and may not represent "translations" in the sense of an artistic rephrasing taking into account the rhythm etc. of the associated composition; the creation of an adaptation in the sense of a copyrighted work is therefore not permitted to the Lyrics partners during the conversion.
a. You may take your Lyrics down at any time without notice of any reason through the distributor by sending an email to support@music-hub.com, in which case, a so-called “Takedown Notice” will be sent by MusicHub to all Lyric Partners with the request to remove the respective Lyrics from the service.
b. If your subscription ends, this does not automatically mean that your Lyrics will be taken down by the distributor, because your MusicHub account will not simultaneously be deleted. In this case, your Lyrics will remain available via the Lyric Partners until you revoke the rights yourself or your MusicHub account is terminated according to section B. X of the General Terms and Conditions and MusicHub takes your Lyrics down. You will continue to receive the revenue share and billing mentioned in section D. IV., which you can manage in your account. However, if you have not purchased a new subscription within 12 months after the termination of your subscription, MusicHub reserves the right to take your Lyrics down despite the continued existence of your account, in particular if the cost of billing is grossly disproportionate to the benefits from your revenues. However, there is no obligation to take your Lyrics down after 12 months.
c. Furthermore, MusicHub is entitled to take your Lyrics down, with or without termination of your account, if you violate the General Terms and Conditions, especially sections B. II. to IX., or these “Special Terms and Conditions Release for Lyric”, especially section D. V. This means, MusicHub can take your Lyrics down if rights of third parties are asserted, or if the Lyrics may violate legal regulations.
a. You will receive a “Royalty” calculated as a percentage of the Net Income (defined as gross royalty income less VAT) of MusicHub from the graphical exploitation of your Lyrics in the amount of ninety per cent (90%).
b. Royalties allocated to your Lyrics will be reported to you by MusicHub via the “Balance Dashboard” in MusicHub, promptly after the receipt and processing of the reports of the Lyrics Partners. The full amount of reported Royalties that have not been paid out yet will also be shown in the dashboard. You can request a partial or full pay out at any time in the MusicHub Dashboard. The minimum amount for a pay out is €5.00 (five euros); your right to a pay out of the remaining amount upon termination of your subscription remains unaffected by this requirement. A further precondition for a payment of the amounts is that there are no rights on our part to withhold this amount, for example due to outstanding subscription fees or other claims of MusicHub against you.
c. To ensure that the credit note is correct from a tax perspective, you are responsible to keep your master data in MusicHub up-to-date at all times, in particular regarding your residence, tax number, small business status and withholding tax exemption. In the event that you are not subject to unlimited tax liability in Germany, MusicHub is entitled to retain and pay withholding tax on your income, except in cases where you provide us with a valid exemption from the German Federal Central Tax Office (in German, “Bundeszentralamt für Steuern”).
d. The payment of the requested amount shall take place within 7 days, free of charge, to your SEPA account. For international bank transfers outside the Euro zone and for the use of other payment methods such as PayPal which are planned for a later date, we reserve the right to charge fees which will be shown to you when you select the respective payment method.
a. You know best who has contributed to your Lyrics and whether the rights in your Lyrics have already been assigned before. MusicHub, the Lyric Partners and the DSPs must be able to rely on you in this respect.
b. You therefore warrant and represent to MusicHub that
This means in particular that
c. Rights which have been assigned to GEMA for fiduciary management shall not be covered by this warranty.
d. The indemnification clause in section B. XI. of the General Terms and Conditions of MusicHub shall also apply for the aforementioned warranties.
As part of the of the Upload Certificate Tool, MusicHub offers to upload your Recordings and to create a certificate (“Upload Certificate”) for this upload, which can be used to track when the file was uploaded. Please note, that the use of the Upload Certificate requires a subscription. For the use of the Upload Certificate Tool, in addition to the General Terms and Conditions, the following Special Terms and Conditions also apply.
a. The Upload Certificate Tool may only be used to create Upload Certificates of your recordings. Uploading files that do not contain recordings or recordings that you have not participated in is not allowed.
b. For the creation of the certificate, it is necessary to provide your name. You can also enter the names of other people who contributed to the recording. The data contained on the Upload Certificate is based exclusively on your information. You are therefore responsible for the accuracy and completeness of this data.
a. Neither the uploading of a recording in the Upload Certificate Tool nor the Upload Certificate created as a result establishes the copyright to the recording.
b. If you provide the names of other persons involved in the recording, this does not constitute a right of these persons to view the Upload Certificate vis-à-vis MusicHub.
a. You grant MusicHub the rights necessary for the creation of the Upload Certificate. In particular, you grant MusicHub the non-exclusive and territorially unrestricted right to reproduce the recording selected by you for the purpose of creating the Upload Certificate. By uploading the recording, you confirm that you have the rights required for the granting of rights and, if applicable, the consent of all persons or rights holders involved in the recording.
b. MusicHub grants you the right to freely use the Upload Certificate created in compliance with applicable law. You are entitled to download the Upload Certificate, reproduce it, transmit it to other persons, or use it in any other manner, unless the use violates the rights of third parties.
MusicHub reserves the right to require remuneration for the use of the Upload Certificate Tool. If MusicHub makes use of this right, it will inform you about the amount of the remuneration before you upload a recording.
You are responsible for the storage of the Upload Certificates you create. The Upload Certificate you create will only be stored by MusicHub for as long as your account with MusicHub exists. When you delete your account, the Upload Certificates you created will also be deleted.
a. MusicHub does not check the Data provided by you for the creation of the Upload Certificate and therefore does not warrant its correctness and completeness.
b. MusicHub does not warrant that the Upload Certificate created will be accepted as evidence to prove copyright or the time of creation of a recording.
c. If you provide the names of other persons involved in the recording for the creation of the Upload Certificate, you warrant that the persons concerned have consented to the processing of their Data by MusicHub before uploading the recording. MusicHub reserves the right to request proof of consent from you.
d. The indemnification provision from section B. XI. of MusicHub’s General Terms and Conditions also applies to the aforementioned warranty.
As part of the Release Tool, MusicHub allows you to send sound recordings (sound recordings provided via the Release Tool, together with metadata and artwork, hereinafter referred to as “Recordings”) to a distributor for distribution to Beatport. Please note that the distribution of your Recordings to the DSPs is not done by MusicHub but by the distributor. In addition to the General Terms and Conditions, the following Special Terms and Conditions apply to your Recordings for distribution via the distribution partner ZEBRALUTION – conditional on your use of the Release Tool for distribution of your Recordings by ZEBRALUTION.
a. MusicHub cannot guarantee that Beatport will include your Recordings in their services, as this decision is left to Beatport. In particular, MusicHub reserves the right not to distribute Recordings to Beatport, if in MusicHub’s opinion, such distribution is likely to violate provisions of the contract with Beatport or to damage the relationship between MusicHub and Beatport.
b. A rejection of a release is made by the DSPs in particular if this release already exists in their offer, as otherwise the overview for the end-user is impaired and there is a risk of conflicts between the different suppliers. If you thus want to distribute Recordings that have been previously released on Beatport, you must first ensure a take-down of the respective release by the previous distributor or by the label which released the Recordings previously.
c. In the event that your Recordings are rejected for the aforementioned reasons, MusicHub shall endeavour to communicate the respective justifications and possible solution approaches to you.
a. MusicHub is a platform for music creators and therefore the distribution option is also reserved for self-created music Recordings.
b. The distribution of so-called "public domain recordings" via MusicHub is not permitted if you were not the owner of the exclusive performance rights before they expired. Public domain recordings are recordings for which the exclusive performance rights have expired.
c. Beatport is a platform that is exclusively limited to electronic music. The distribution of Recordings on Beatport that do not belong to the genres of electronic music listed under https://intercom.help/music-hub/en/articles/7965751-beatport-genres is therefore fundamentally excluded.
a. In order to enable the distribution of your Recordings by ZEBRALUTION as MusicHub's distribution partner to Beatport, you grant MusicHub a non-exclusive, worldwide licence for the digital exploitation of your Recordings on Beatport, limited in time to the duration of your membership with MusicHub and transferable by MusicHub to Beatport. MusicHub accepts this grant of rights. The granting of rights includes in particular the right to reproduce, distribute, make publicly available and broadcast the Recordings, including the statutory participation claims resulting from these rights, insofar as these are not exclusively assigned to a collecting society, but exclusively as a so-called right of passage, which only Beatport and its service providers and end customers are entitled to exercise, but not MusicHub or ZEBRALUTION themselves. The aforementioned granting of rights includes in particular the use of the recordings in the context of music streaming (including tethered download) and downloads of the recordings on Beatport - using various business models such as purchase, subscription, free advertising or otherwise financed use. A description of Beatport's offer, which further specifies the permitted uses, can be found in the MusicHub at https://intercom.help/music-hub/de. Provided that you did not grant permission in MusicHub for a world-wide distribution, but for the distribution to take place in a limited territory, the grant of rights to the distribution partner ZEBRALUTION and by them to Beatport shall only be made for the respective countries.
b. Furthermore, you grant MusicHub the right to edit your Recordings and grant MusicHub the right to transfer this editing right to Beatport. This grant of rights is limited to the editing of your Recording within the scope of Beatport's offer for the creation of DJ edits (extension of the Recordings without changing them, to enable seamless transitions) as well as for the editing of your Recording by the end users of Beatport (User Generated DJ Remixes). This grant of rights also includes the non-exclusive, worldwide right, limited in time to the duration of the add-on booked by you, to reproduce, distribute, make publicly available and broadcast the arrangements of your Recording, including the legal rights of participation resulting from these rights, as far as these are not exclusively assigned to a collecting society, but exclusively as a so-called right of passage, which only Beatport and its service providers and end customers are entitled to exercise, but not MusicHub or ZEBRALUTION itself. If you have not granted MusicHub worldwide distribution, but only distribution in a limited territory, this grant of rights only applies to the corresponding countries.
c. You authorise MusicHub to grant Beatport the right to promote your Recordings with the name, logo, biography and discography of the artists as well as the title, cover, artwork and video of the Recording in all media without giving the impression of a personal endorsement of the artists.
d. MusicHub shall also have the right to advertise Recordings as described above in F. III. c. unless you inform us at support@music-hub.com that you do not want this to happen.
e. You grant MusicHub the right to make editorial adjustments to the metadata if requested by Beatport.
a. The add-on is booked for a duration of one year.
b. You can cancel the add-on at the end of the term. The terms under B. VI. c apply to cancellations. If you do not cancel the add-on at the end of the term, it will be automatically extended by one year.
a. You may take your Recordings down at any time without notice of any reason through the distributor by sending an email to support@music-hub.com, in which case, a so-called “Takedown Notice” will be sent by MusicHub to the distribution partner ZEBRALUTION to Beatport with the request to remove the respective Recordings from the service.
b. If you cancel your Beatport add-on or if it expires, all releases will be recalled from Beatport.
a. You receive the net proceeds (defined as gross royalties minus VAT) that MusicHub receives from Beatport from the exploitation of your Recordings (minus a percentage share for Beatport).
b. Royalties allocated to your Recordings will be reported to you by MusicHub via the "Balance Dashboard" in MusicHub, promptly after receipt of the report from Beatport by MusicHub. The full amount of reported Royalties that have not been paid out yet will also be shown in the dashboard. In principle, you can request the payment of a partial or total amount at any time. However, you must have a balance of at least €5.00 on your Balance Dashboard before you can request a payout. This minimum amount does not affect your claim to payment of the respective remaining amount upon termination of your membership with MusicHub. A further precondition for a payment of the amounts is that there are no rights on our part to withhold this amount, for example due to outstanding membership fees or other claims of MusicHub against you.
c. To ensure that the credit note is correct from a tax perspective, you are responsible to keep your master data in MusicHub up-to-date at all times, in particular regarding your residence, tax number, small business status and withholding tax exemption. In the event that you are not subject to unlimited tax liability in Germany, MusicHub is entitled to retain and pay withholding tax on your income, except in cases where you provide us with a valid exemption from the German Federal Central Tax Office (in German, “Bundeszentralamt für Steuern”).
d. The payment of the requested amount shall take place within 7 days, free of charge, to your SEPA account. For international bank transfers outside the Euro area and for the use of other payment methods such as PayPal which are planned for a later date, we reserve the right to charge fees which will be shown to you when you select the respective payment method.
The terms and conditions set out in C. VI. and C. VII. apply accordingly for the distribution to Beatport.
If you are a consumer (i.e., a natural person who uses our Offer for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
For the right of withdrawal, the provisions that shall apply are listed in the following:
You have the right to withdraw from the MusicHub subscription contract within fourteen days. The period of withdrawal is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must inform us,
MusicHub GmbH
Pfuelstraße 5
10997 Berlin
E-Mail: legal@music-hub.com
by way of an unambiguous declaration (e.g., a letter sent by post, fax or e-mail) of your decision to withdraw from the subscription contract. You can use the attached withdrawal template, which is, however, not mandatory.
To adhere to the withdrawal period, it is sufficient if you send the notification about you exercising the right of revocation prior to the end of the revocation period.
Consequences of withdrawal
If you withdraw from the subscription contract, we must refund all payments we received from you, including delivery costs (with the exception of additional costs which result from you having selected a type of delivery other than the cheapest standard delivery offered by us), without delay and within fourteen days at the latest from your withdrawal from this contract. We will use the same method of payment that you chose for the original transaction, unless something else has been agreed with you; in no event will you be charged with any costs because of this refund.
Withdrawal template
(If you want to withdraw from your subscription contract, please fill out this form and send it back to us).
To:
MusicHub GmbH
Pfuelstraße 5
10997 Berlin
E-Mail: legal@music-hub.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service:
Ordered on (*)/ received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer, date (only in case of notification on paper)
(*) Please delete as appropriate
End of the withdrawal policy